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Do (Should) State Marijuana Reforms Apply Retroactively?
Dec. 2, 2017—Suppose that Danica violates her state’s marijuana prohibition. If the state later repeals that prohibition, does (and should) the repeal apply retroactively to Danica’s offense? To date, most states have failed to explicitly address this question. But California and Colorado have recently begun offering relief for some marijuana offenses that pre-date their respective reforms. California’s...
New Materials now Organized by Topic and State
Nov. 17, 2017—To keep the book up to date and to enable more customization (e.g., by state), I have organized all of the new materials posted on this site (updates and links) in two ways: by Topic and by State (where applicable). Check out the new pages (both found under the Additional Materials Tab).
Caveat Emptor: Are Marijuana Labels Accurate?
Nov. 15, 2017—As discussed in the book, many legalization states have adopted detailed labeling requirements for marijuana products (see pages 456-462). Among other things, suppliers must clearly indicate the quantity of THC and CBD contained in packages of marijuana. Labeling requirements like these are designed to inform consumers and thereby help them make better consumption choices. To...
What’s the Point of Rescheduling Marijuana in a Medical Marijuana State?
Nov. 1, 2017—A number of sites have reported on Kadonsky v. Lee, in which a New Jersey appellate court just ordered a state official to consider rescheduling marijuana under the state’s Controlled Dangerous Substances Act (CDSA). New Jersey’s CDSA is virtually identical to the federal Controlled Substances Act (CSA). Marijuana remains a Schedule I controlled substance under...
Spillover Effects of Permissive Marijuana Laws — Lessons from Local Alcohol and Firearms Controls
Oct. 31, 2017—All recreational marijuana states give local governments the power to ban the commercial distribution of the drug. Even some medical marijuana states do the same. The appeal of such “marijuana localism” is plain: It arguably gives communities that oppose legalization the ability to “opt-out” of legalization and thereby defuses some opposition to state reforms. A...
Insurance for Marijuana Suppliers
Oct. 25, 2017—Marijuana suppliers often cannot obtain insurance coverage, which heightens their exposure to risks. As reported in The Cannabist, recent California wildfires highlight the risks these suppliers now must face on their own. Jay Mootz (University of the Pacific – McGeorge School of Law), has an informative new article that discusses insurance for the marijuana industry:...
California’s Public Education Campaign
Oct. 20, 2017—When states legalize marijuana for adults, they commonly launch campaigns to educate the public on how to use the drug safely. The book discusses some examples drawn from early adopters, like Colorado’s “Good to Know” campaign (see pages 232-35 and 500, n.3). Now California is getting in on the act. Last month the state department...
The Odd Legal Status of CBD under Federal Law
Oct. 18, 2017—As discussed in Chapter 4 of the book, much of the controversy surrounding marijuana’s purported benefits and harms has stemmed from THC, the psychoactive cannabinoid commonly found in the cannabis plant. However, another non-psychoactive cannabinoid, cannabidiol (CBD), has been drawing increasing interest, because it purportedly generates its own distinct medical benefits (e.g., in calming seizures) while producing none...
Cases to Watch: Bourgoin v. Twin Rivers and Workers’ Compensation
Oct. 6, 2017—State marijuana reforms spawn a host of interesting (by which I mean complicated) questions for employers. To date, the question that has drawn the most attention concerns whether employers are required to accommodate employees’ use of marijuana off the job. That issue is discussed in my book at pages 662-681 and on this blog here and here....
The Ongoing Criminal Case Against a San Diego Marijuana Law Attorney
Sep. 29, 2017—Back in May 2017, the San Diego County District Attorney filed criminal charges against a medical marijuana dispensary (Med West) for allegedly producing concentrated cannabis oil using dangerous chemicals. I discuss the key statute involved in the case on pages 305-07 of my book. Even more notably, the district attorney also filed charges against the...